- 6 - In the notice of deficiency, respondent determined a deficiency in petitioners' excise tax under section 4980A in the amount of $7,569.5 In the petition, petitioners claimed an overpayment of income tax in the amount of $30,139 with respect to the additional tax imposed under section 72(t). OPINION The issues for decision are whether petitioner Richard J. Montgomery is liable for the 15-percent excise tax under section 4980A, and whether petitioners are liable for the 10-percent additional tax under section 72(t). As previously noted, the resolution of these issues turns on whether the Transfer Refund was paid from a qualified plan within the meaning of sections 4980A(e)(2), 72(t) and 4974(c). 1. Section 4980A Issue Section 4980A imposes a 15-percent excise tax on excess distributions from qualified retirement plans. Sec. 4980A(a). As relevant herein, an "excess distribution" is defined as the aggregate amount of "retirement distributions" with respect to any individual during any calendar year to the extent that such amount exceeds $150,000. Sec. 4980A(c)(1). Retirement distributions are the amounts distributed to an individual under an individual retirement plan or any "qualified employer plan" with respect to which such individual is or was the employee. 5 See supra note 3 regarding respondent's concession.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011